How
do I know the shelter is open? I smelled cigarette smoke and food
coming through my windows and took a walk to the corner and there it was.
Doors are open and you can see the occupants - around 30 as reported by the IJ -
and the nuisance is considerable. I have called the police. It
is illegal to smoke on a school yard and in San Anselmo you cannot smoke
near areas occupied by children.
Smoke
drifting onto your property is considered a trespass and you can bring a
civil action without showing damages. We should consider this if the
violations continue.
It
would be great if some of you would take a walk and see what is going
on. If you smell smoke, or see people wandering outside the school,
please call the police. You don't need a picture. The mayor and a
deputy I spoke with told me the way to handle nuisance issues is to make
a call to the police.
Below are all the smoking regulations that apply:
CA
Health and Safety Code Section 104495 prohibit smoking of tobacco products
within 25 feet of a playground or tot lot sandbox area. The law applies to
private schools and there is a $250 fine per violation.
I saw that Town Code is even more restrictive about outdoor
smoking near areas used by children so I doubt that smoking can be permitted on
the sidewalk outside the gym.
4-15.02 (b)(5)(ii):
The area must not include, and must be a reasonable distance from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses
Town Code protects neighbors vigorously:
4-15.09 (b)
For all
purposes within the jurisdiction of the Town, non-consensual exposure to smoke
occurring on or drifting into residential property is a nuisance, and the
uninvited presence of smoke on residential property is a nuisance and a
trespass. Any person bringing a civil action to enforce the nuisance provision contained
in this section need not prove an injury different in kind or in degree from
injury to others to prove a violation of this chapter.
Thank you for making the town enforce some of its laws.
Marsha
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